Terms of service.

 

These Terms of Use (“Terms”) govern your rights and obligations regarding the use of Nino!’s Software (“Software”) and service (both collectively referred to as the “Service”) on the Internet or in cellular media. These Terms constitute a fully binding agreement between NINO APPLICAȚIE ALERTĂ S.R.L the proprietor of all rights in and to the Service, and you. It is therefore recommended that you carefully read these Terms.

By using the Nino! Service, you signify your assent to these Terms;

1. Nino!’s privacy policy (“Privacy Policy”); and

2. Nino!’s copyright policy (“Copyright Policy”)

all of which are an integral part of these Terms.

 

Our Services

Since we started Nino!, we've built our Services with strong privacy and security principles in mind.

Nino! works with partners, service providers, and affiliated companies to help us provide ways for you to connect with their services.

We work to protect the safety, security, and integrity of our Services. This includes appropriately dealing with abusive people and activity violating our Terms. We work to prohibit misuse of our Services including harmful conduct towards others. If we learn of people or activity like this, we will take appropriate action by removing such people or activity or contacting law enforcement.

To operate our global Services, we need to store and distribute content and information in data centers and systems around the world, including outside your country of residence. The use of this global infrastructure is necessary and essential to provide our Services. This infrastructure may be owned or operated by our service providers including affiliated companies.

You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. In order to use our Services, you consent to manually or automatically download and install updates to our Services. You also consent to our sending you notifications via our Services from time to time, as necessary to provide our Services to you.

Some features of the Service make use of detailed location and route information, for example in the form of GPS signals and other information sent by your mobile device on which the Nino! application is installed and activated. These features cannot be provided without utilizing this technology.

You are responsible for all carrier data plans, Internet fees, and other fees and taxes associated with your use of our Services.

In our users attention

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that, by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases Content that has been mislabeled or is otherwise deceptive, objectionable or difficult to view. Under no circumstances will Nino! be liable in any way for any Content not created or modified by Nino!, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or distributed elsewhere.

Always drive vigilantly according to road conditions and in accordance with traffic laws. It is strictly forbidden to send traffic updates (such as updates on road accidents and traffic congestion), or to non-verbally interact with the Service or use the Service in a non-verbal manner for any purpose other than navigation while driving. Traffic updates or non-verbal reports you want to submit to the Service may only be sent after you have stopped your vehicle in an appropriate location permitted by law. Alternatively, such updates may be sent by a passenger other than the driver, provided it does not interfere with the due course of driving and does not distract the driver’s attention to the road.

The information provided by the Service originates from other users of the Service. Such information is intrinsically fluctuant and may be inaccurate, incomplete or outdated. Nino! does not provide any warranties to such information’s credibility or reliability.

NO ACCESS TO EMERGENCY SERVICES: There are important differences between our Services and your mobile phone and a fixed-line telephone and SMS services. Our Services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency services providers through a mobile phone, a fixed-line telephone, or other service.

If you live in a country or territory in the European Region, you must be at least 16 years old to use our Services or such greater age required in your country or territory to register for or use our Services without parental approval. In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country or territory, your parent or guardian must agree to our Terms on your behalf in order for you to use the Services. Please ask your parent or guardian to read these Terms with you.

 

Use our Services with the following conditions

You must use our Services according to our Terms and policies. If you violate our Terms or policies, we may take action with respect to your account, including disabling or suspending your account and, if we do, you agree not to create another account without our permission.

You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of Nino!, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate, such as promoting violent crimes, endangering or exploiting children or others, or coordinating harm; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications, such as bulk messaging, auto-messaging, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us.

Harm To Nino! Or Our Users. You must not (or assist others to) directly, indirectly, through automated or other means access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the safety, security, confidentiality, integrity, availability or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services or data obtained from us or our Services in an unauthorized manner; (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time, except as authorized through tools we have expressly provided via our Services; (i) create software or APIs that function substantially the same as our Services and offer them for use by third parties in an unauthorized manner; or (j) misuse any reporting channels, such as by submitting fraudulent or groundless reports or appeals.

·      You are responsible for keeping your device and your Nino! account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.

·      You may not copy, print, save or otherwise use data from the Site or the Service’s database. This clause does not limit the use of the database as intended by the Software and for the purposes of private and personal use of the Service.

·      When using the Service or the Site you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. You agree that you will not use any robot, spider, scraper or other automated means to access the Site or the Service’s database for any purpose without the express prior written permission of Nino! .

·      You acknowledge that, by using the Services, you may be exposed to Content that you find to be offensive, indecent or objectionable. While we ask that our users take reasonable precautions to avoid posting gratuitous content of any nature, by its nature the Services make available information that certain people will find offensive. Each user must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

 

Third party Services

Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other services. For example such third-party apps/websites that are integrated with our Services or interact with a share button on a third-party's website that enables you to share your contents created on Nino! further. Please note that these Terms and our Privacy Policy apply only to the use of our Services. When you use third-party products or services their own terms and privacy policies will govern your use of those products or services.

Free Trial & In-App Subscriptions

Free trial periods are offered at our sole discretion and may be terminated or modified at any time without notice.

Features available during the free trial may differ from those in paid subscriptions.

  1. Subscription Packages

    • Subscriptions are billed via the App Store/Play Store. All payments are non-refundable unless required by law.

    • We reserve the right to change subscription terms, pricing, and features with prior notice.

  2. No Warranty & Limitation of Liability

    • The App and Services are provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, accuracy, reliability, or non-infringement.

    • We do not warrant that the App will be uninterrupted, error-free or other harmful components.

  3. Technical Disclaimers

    • You acknowledge that technical limitations, interruptions, or failures may occur, and Nino! is not responsible for any loss or damage arising from such events.

    • You agree not to attempt to reverse engineer, decompile, or otherwise tamper with the App.

  4. Indemnification

    • You agree to indemnify, defend, and hold harmless Nino! and its affiliates from any claims, damages, liabilities, costs, and expenses arising from your use of the App or violation of these Terms.

User Content

The Service allows all users of the Software to submit and post information and content to other users (“Content”). Content can include, for example, map locations and pictures of the followings:  road accidents, natural disasters, littering, theft, fire taking place etc. You assume sole responsibility for any Content you post and you alone are liable for the consequences when you post Content.

Forbidden Posts

When you submit Content to be published by the Service, you must make sure it is lawful. For example, you may not submit Content that:

·      is diminishing or infringing proprietary rights of others, including but not limited to copyright and trade marks; poses a risk to a person’s

·      safety, security or health; identifies other persons without obtaining such person’s express written consent to the disclosure of their personal

·      information, or pertains to minors and identifies minors or their personal information, including their full name, age, address or contact information;

·      is unlawful, defamatory, libelous or invades the privacy of others; is harassing, offensive, threatening or vulgar; is characterized by, or that

·      encourages racism or unlawfully discriminates on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view or socio-economical class;

·      encourages criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit;

·      promotes pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law or under these Terms;

·      falsely expresses or implies that such content is sponsored or endorsed by Nino!

Licenses

Nino! does not claim ownership of the information that you submit for your Nino! account or through our Services. You must have the necessary rights to such information that you submit for your Nino! account or through our Services and the right to grant the rights and licenses in our Terms.

By submitting, uploading, or otherwise making content available through the Nino! application, you affirm that you are the sole owner of the copyright or have all necessary rights and permissions to grant the following license.

You retain all copyright and ownership rights of your photography content.

However, by posting such content, you hereby grant to Nino Aplicatie Alerta S.R.L. a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, publicly display, publicly perform, modify, adapt, translate, create derivative works from, and resell such content, in whole or in part, for any lawful purpose in connection with the operation, promotion, and monetization of the Nino! platform and its affiliated services.

This license survives termination of your account or use of the services.

We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks (or any similar marks), domains, logos, trade dress, trade secrets, patents, or other intellectual property rights unless you have our express permission.

In order to operate and provide our Services, you grant Nino! an European Region wide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as to allow us to display your profile picture, transmit your messages, and store your undelivered messages on our servers for up to 30 days as we try to deliver them).

We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

Content License Agreement

This License Agreement (“Agreement”) governs your (“Licensee”) use of downloadable content (“Content”) from the Nino! App.

Nino! grants Licensee a non-exclusive, non-transferable, revocable license to download and use Content solely for non-commercial, editorial purposes.

  1. Restrictions

    • Content may not be used for any commercial purpose, including advertising, merchandising, resale, or promotional activities.

    • You may not modify, distribute, sublicense, or create derivative works from the Content except as expressly permitted for editorial use.

    • You may not use Content in any manner that infringes upon the rights of Nino! or any third party.

  2. Attribution

    Proper attribution to Nino! must be included in any editorial use of the Content.

    example: “Geofact from www.nino.news”

    No Warranty & Limitation of Liability

    Content is provided “AS IS” without warranty of any kind. Nino! disclaims all liability for any damages arising from use or inability to use the Content.

    Termination

    Nino! may revoke this license at any time for violation of these terms.

Limitation of Liability and Warranty

Additionally and without derogating from the above clause, Nino! disclaims any warranties relating to the accuracy of the maps, Content, road conditions, natural disaster information, theft, emergencies etc, presented or displayed in or by the Service. For instance, traffic may be congested in roads depicted by the Service as uncongested; users may submit faulty or inaccurate Content or reports. Such errors and omissions are inherent to any community-based service that operates on users’ posts and on the information provided by them.

You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Service, and you further agree and acknowledge that your use of or reliance on the Service is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws.

Should you desire to file any cause of action against Nino!, arising out of or related to the Nino! Software or Service, you must do so within one (1) year of the day you become aware of the cause of action. Failure to file a lawsuit within the aforementioned timeframe will bring about the permanent barring of the cause of action, and will constitute your complete and final waiving of the lawsuit.

Nino!, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.

Privacy

Nino! respects your privacy during your use of the Software and the Service. Our updated privacy policy pertaining to the Software and the Service is readily accessible at our Privacy Policy and is an integral part of these Terms. Since the privacy policy is subject to periodic updates, it is recommended that you periodically review the policy for updates.

Disclaimers And Release

You use our Services at your own risk and subject to the following disclaimers. We are providing our Services on an "as is" basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that any information provided by us is accurate, complete, or useful, that our Services will be operational, error free, secure, or safe, or that our Services will function without disruptions, delays, or imperfections. We do not control and are not responsible for, controlling how or when our users use our Services or the features, services, and interfaces our Services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third-parties. You release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents from any claim, complaint, cause of action, controversy, or damages, known and unknown, relating to, arising out of, or in any way connected with any such Claim you have against any third-parties. Your rights with respect to the Nino! are not modified by the foregoing disclaimer if the laws of your country or territory of residence, applicable as a result of your use of our Services, do not permit it.

Dispute Resolution

If you are a consumer and habitually reside in a country or territory within the European Region, the laws of your country or territory will apply to any Claim you have against us that arises out of or relates to these Terms or our Services, and you may resolve your Claim in any competent court in your country or territory that has jurisdiction over the Claim. In all other cases, you agree that the Claim must be resolved in a competent court in Romania that has jurisdiction over the Claim and that the laws of Romania will govern these Terms and any Claim, without regard to conflict of law provisions.

 

Availability And Termination Of Our Services

Availability Of Our Services. We are always trying to improve our Services. That means we may expand, add, or remove our Services, features, functionalities, and the support of certain devices and platforms. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time after a notice period of 30 days, with no such notice being required in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues. Events beyond our control may affect our Services, such as events in nature and other force majeure events.

Although we hope you remain a Nino! user, you can terminate your relationship with Nino! anytime for any reason by deleting your account.

Termination. Our right to terminate for cause remains unaffected. Good cause shall be deemed to exist if one party violates laws, third-party rights, or otherwise breaches these Terms, and the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination date or until the expiry of a notice period, taking into account all circumstances of the individual case and after weighing the interests of both parties. A termination for good cause is only possible within a reasonable period of time after a breach has come to the knowledge of the other party.

In accordance with this "Termination" section, we may also modify, suspend, or terminate your access to or use of our Services anytime for suspicious or unlawful conduct, including for fraud, or if we reasonably believe you violate our Terms or create harm, risk, or possible legal exposure for us, our users, or others. We may also disable or delete your account if it does not become active after account registration or if it remains inactive for an extended period of time. If you delete your account or we delete or disable it, these Terms will end as an agreement between you and us.

If you believe your account's termination or suspension was in error, please contact us at hello@nino.news

You should also consider 

Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding Nino! and our Services, and supersede any prior agreements.

Our Services are not intended for distribution to or use in any country or territory where such distribution or use would violate local law or would subject us to any regulations in another country or territory. We reserve the right to limit our Services in any country or territory.

Any amendment to or waiver of our Terms proposed by you requires our express consent.

We are constantly working to improve our Services and develop new features to make our products even better for you and our community. Therefore, we may need to update these Terms from time to time to reflect our Services and practices correctly. We will only make changes if the provisions are no longer appropriate or incomplete. Once updated Terms come into effect, you will be bound by them if you continue to use our Services. We hope you will continue using our Services, but if you do not agree to our Terms, as amended, you must stop using our Services by deleting your account.

All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise. In the event of such an assignment, we will only transfer your information in compliance with applicable laws, and ask for your consent where required; these Terms will continue to govern your relationship with such third-party. We hope you will continue using Nino!, but if you do not agree to such an assignment, you must stop using our Services by deleting your account after having been notified about the assignment.

You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.

Nothing in our Terms will prevent us from complying with the law.

Except as contemplated herein, our Terms do not give any third-party beneficiary rights.

If we fail to enforce any of our Terms, it will not be considered a waiver.

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed amended to the minimum extent necessary to make it enforceable, and if it cannot be made enforceable, then it shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions of our Terms, and the remaining portion of our Terms will remain in full force and effect.

We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract. Also, in certain jurisdictions, you may have legal rights as a data subject, and our Terms are not intended to limit such rights that may not be waived by contract.

No Legal Relationship

These Terms of Use and your use of the Service, including the submission of Content onto the Service, do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto. Your use of the Service is intended for your enjoyment and benefit and the provision of the Service to you (subject to your compliance with these Terms) constitutes the sole and sufficient consideration that you are entitled to receive for any Content or other contributions you have made to the Nino! Service, its contents, maps and any other data.

Contact Us

If you have any questions, concerns, or feedback about this Privacy Policy or our data practices, please reach out to us:

NINO APPLICAȚIE ALERTĂ S.R.L
24 Petre Țuțea
Oradea, Bihor 410506
Romania
Email: hello@nino.news